Katy Perry and collaborators ordered to pay $2.78M for copying song

Katy Perry, her collaborators and her record label must pay more than $2.78 million because pop star’s 2013 hit “Dark Horse” copied a 2009 Christian rap song, a federal jury decided on Thursday.

It was an underdog victory for rapper Marcus Gray, a relatively obscure artist once kwn as Flame, whose 5-year-old lawsuit survived constant court challenges and a trial against top-flight attorneys for Perry and five or music-industry heavyweights who wrote her song.

amount fell well short of nearly $20 million sought by attorneys for Gray and two co-writers of 'Joyful ise', Emanuel Lambert and Chike Ojukwu but y said y were pleased.

“We weren’t here seeking to punish anyone,” said Gray’s attorney, Michael A. Kahn. “Our clients came here seeking justice, and y feel y received justice from a jury of ir peers.”

Perry herself was hit for just over $550,000, with Capitol Records responsible for biggest part of award — $1.2 million. Defense attorneys had argued for an overall award of about $360,000.

Perry’s attorney, Christine Lepera, said y plan to vigorously fight decision.“ writers of Dark Horse consider this a travesty of justice,” Lepera said.

“Dark Horse,” which combines elements of pop, hip-hop and trap styles, was a mega-hit for Santa Barbara, California-born singer, with its call-and-response chorus of “Are you ready for (ready for), a perfect storm (perfect storm)?”

It spent four weeks at . 1 on Billboard’s Hot 100 in early 2014, and Perry would later perform it at Super Bowl.

Gray, a native of St. Louis, sued later in 2014. His song of earnest and ebullient praise stood in stark contrast to playful black magic evoked by “Dark Horse,” and an early version of lawsuit faulted Perry’s song for tainting sanctity of his.

two-week trial had two phases: One about music, one about money.Perry took witness stand on first day of testimony. She testified, as her co-writers would, that she had never heard of Gray or Flame or “Joyful ise” until he sued.

She got a rare laugh from courtroom when her attorneys were struggling with technical issues as y tried to play a part of “Dark Horse.”

“I could perform it for you live,” said Perry, who did t appear in court for rest of trial.

jury heard testimony from musicologists on disputed section of two songs — a piece of musical backing track that plays during verses of “Dark Horse” and throughout almost all of “Joyful ise.”

While jurors were told to consider only those sections, y gave a surprisingly sweeping verdict Monday that held all six songwriters responsible for copying “Joyful ise.” That included Perry, who wrote only lyrics, her co-lyricist Sarah Hudson, and Juicy J, who only provided a rap verse for song.

instrumental track that was most at issue was created by Dr. Luke, Max Martin and Circuit.

During closing arguments earlier Thursday, Gray’s attorneys said that because relevant riff plays through 45 percent of “Dark Horse,” plaintiffs should get 45 percent of its earnings, including every album that included it. y put those overall earnings at $41 million, thus seeking nearly $20 million.

defense argued that only fractions of album earnings should count for single song and that considerable promotional expenses paid by Capitol Records should be subtracted.Gray’s attorneys said those expenses were gratuitous, pointing out to jurors that y included $13,000 for a hairstylist for Perry for one awards show and nearly $2,000 for flashing cocktail ice cubes.

nine jurors deliberated for two full days to reach ir initial verdict but took just a few hours to decide on dollar amounts.Perry’s five co-writers were each given penalties to pay that ranged from about $60,000 for Dr. Luke to more than $250,000 for Martin.

jurors decided that instrumental riff two sides were fighting over was responsible for 22.5 percent of success of “Dark Horse” and handed out awards accordingly.

defendants’ fight against decision will begin immediately. U.S. District Judge Christina A. Snyder, who presided over trial, will w consider a motion to throw out case. Lepera, Perry’s attorney, said outside court that plaintiffs presented evidence of copyright infringement, evidence that songwriters had access to “Joyful ise” and evidence songs that were substantially similar.

“ only matter in common is an unprotectable C and a B te, repeated,” Lepera said. “We’ve been receiving outcry from people all over world, including or musicologists.”

If judge upholds verdict, case will almost certainly head to an appeals court, where jury awards in similar cases have often been changed or thrown out in recent years.

In case of ar 2013 mega-hit, “Blurred Lines,” a jury found singers Robin Thicke and Pharrell Williams copied R&B legend Marvin Gaye’s “Got to Give it Up” and ordered m to pay Gaye’s children nearly $7.4 million. award was trimmed on appeal last year to just short of $5 million.

Kahn said he would be happy to keep up battle.“We think this is a fair and a just result, and we will defend it matter how y fight it,” he said.